Lot Gardner's Estate
Supreme Court of Pennsylvania
Appeal, No. 139, Oct. T., 1894, from ■decree of O. C. Clarion Co., Aug. T., 1890, No. 38, dismissing exceptions to auditor’s report. Exceptions to auditor’s report.
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Appeal, No. 139, Oct. T., 1894, from ■decree of O. C. Clarion Co., Aug. T., 1890, No. 38, dismissing exceptions to auditor’s report. Exceptions to auditor’s report. From the report of the auditor, David Lawson, Esq., it appeared that Boston Gardner, a brother of Lot Gardner, presented a petition to the register of wills, in which he averred that Lot Gardner died on Nov. 20, 1889, having first made his will on or about Nov. 6, 1889, and that said will, after diligent search, could not be found. Attached to the petition was a paper purporting to be a copy of the will. The petitioner prayed that…
1Opinion of the Court
Opinion by
Mb. Chief Justice Sterrett,
The burden having been on the proponents in this case to overcome the presumption of revocation which sprang out of the fact that the will, which Lot Gardner admittedly executed, could not be found at his death, made not only testator’s character, condition, acts and declarations, but the conduct and interests of those who were around him, from and after the date of his will, legitimate subjects of inquiry. “Each of these lines of proof was important in strengthening the other, and both together seem necessary to constitute full proof: ” Youndt *426v. Youndt,…
2Cases cited2 opinions
- Youndt v. YoundtSupreme Court of Pennsylvania · 1861
- Eichenlaub v. HallSupreme Court of Pennsylvania · 1894
3Cited by9 opinions
- Dalbey's EstateSupreme Court of Pennsylvania · 1937
- Jackson v. HewlettSupreme Court of Virginia · 1913
- Lappe v. GfellerSupreme Court of Pennsylvania · 1905
- Gfeller v. LappeSupreme Court of Pennsylvania · 1904
- O'Neill's EstatePennsylvania Orphans' Court, Bucks County · 1946
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